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qf'w'm l^mrw wvh 1__b^r t-tqvt lwbt rwb__br salisbury iv c october 16 1868 | vol t no 41 ybw hicriesi f batim 09 si.'iisi'iiii'tion tl htlinvl'ahu in adv1nck watchman old north state ;. ' v,Â»i,i ' v - - â– is.oo lu"",y ' .' sixnm-itlm â– â€¢ i.m rk vvi-'.kkl-y oi.u north state , 1 tv.,-ltli-.il v,"nr â– â€¢ Â»*'â– '"' nu m..11h â€¢ â€¢ 76 1 1 grand rallyjn salisbury ! 4,000 people present ! ! j orand pkooesbion i speeches ini hon john tiiiiÂ«!i iiiii ms col ii ii coirnit iiiiii cor vance the barbecue il und torcjh-lightpro cession at nigffl ! brilliant display f fire works | speeches by u f arm field pa f i'l'lfi *'"'â€¢ c<Â»r " '" â– ' m ri'ilibins /â€¢'. e sttohtr and others thnrsdat tbe day of ootnbor mil n iluv long i ' u8 1 in miib-i."l bv lie 1 1 n oi uiii nml consei vativos ul ul.l h 1 vviui and tho adjoining uoun ies early in tbe luoroiug thu yon iihiiiv of tlm country hogan tu arrive md by eleven o'clock a asi iii ude bad aaaenil led vari mÂ»ly - -" naied al fiom throe tu ti v ihons md the ui ing was throaioiiiug 1 iliglil ihowor i nun falling tthmil un rise bui it lha day advunoed it : id 11 illy cleared away i wo were i , . ., .,â€žâ– 1 c li 1 in nt delight 1 nf 1 11 1 in al eleven o'clock tl process â– ' .,- 1 iim.'il tit tli public square nn lei â€¢],,. ,|, ,â€žâ– â€¢,,, 1 ni dr j w ll-.li i'liu-i maralinll a dud by n niu 1 il iii|,i-ic'it h-m--uii i'll pro ;.,... nn be ng foi ined it in ivi-d igli m,t i irroet preceded by the -,. 1 mi brass hand and the in i 5 .,â– -â– - in suitable 'â– ti ances to ihu . and wliii'li been elected m thu min ful lii'-.i ui tin 11 â– i'i'al , in 1 neal ly nppoi le iho resi 1 leuce of maj a illiah lloiidorson ff ,- the assembled thousands were â€¢ up in ilicnu.-it aud iiu ladies vtro beliig conduoiod to tho mosi el g iilo seats ihu b ind played b nuin ilt of popular and pad 1 1 ic 0 - ai â€¢-.., ivo i'cloi ii m . aftei all had ii neaied hinl composed di hall k ihe siiiuil aod niiula a fow briol unl appropriate remarks nnnonncing lie prog iiiuiii of proceedings ho b-il bv introducing ho.f john 1 mi v ai.avir of i;..-"..n ill . the v " . â– 1 1 v representative of 01 1 the 1 â– "-â€¢ lliislrioiis houses in american liiiory mi a i tm nr ise amidsi tli lotitl ilsiidils nf the mull unl and emu neuced his reuiaiks by having tluil it was ii in way to c ilnmbia mill carolina in resp mse to an in iiaiion axtuuded tu him by hi fade hampton and ulhors lo - isil inn place when hr waa slapped by lm rubels ntul doiitinod lo addruss 10 tneodng imvi assembled afioi pressing his groat giatitieaiion at 'â– eling mi mn 11 v of l,n fellow iii ens of north carolina ho road the iti 1 of i-ii i iiiliptnn and nthei - it iting bim in ( uliiinbiit i lc then rucooded i uy that iliu grenl body i tlm noi thi'i n 1 ilt wore kindly posed t nt nl iln people of the ib bui ih.it ihey wore distrustful : them the northern ooplo bu i wore i'or tho mosl pari g 11m i ibe real condition of things down l |^. 1 1 l l''^b jjh__________________________k : i ' ii^_i vbb^pi^^^i '%"'â– ''' - Â« t : j wise who believed that it was tlieii intention to re-establish thu institution of slavery should thoy aga n acquire i political power in ihese stales lie wished all ihese questions bbtis j factorily answered by the representa j 1 i vo mon of ih south ho wished lo i return to lhe norlh with a positive contradiction of iho various false char ges which wore being circulated there lo th prejudice l iho southern peo ple un wanted to loll ihoin when he roturnud what ho had seen and heard from nui poophi during his vi it a ig us so liun ihey mighl be convinced seeing himself surround i by a 1111111 liui i ilm representative iii-ii 1.1 ihe stale he tt lulled in pro pound in iiuin a low important in lerrogaiories iln would a-li them whether ll 0 | p e uf noi th c 10s liun wore 1 obeli ions or whether ihey bud determined to biibmlt in g i laiili lo ib results of iho war ami looked i a in un ii _"' i-i 1 1 to cut with ilm people i iho north i'm iheii in tin govornmunl and proleclion â€” whether ihey regarded ihu questions 1 secession nnd slavery as having l.cen bottled by the war and n hav ing become obsolete issues whether bona till northern bottlers vv uld be well received and kindly treated in the event of their fminlgriition t..ibs siate â€” wholhoi llio were willing in accord lha colored people all iheii ri^lits and i - ce : li ui in the oxe - x â– >! the sal is inllt a i be w iii 0 peoplo were pro octet 11 theiis â€” . d iii.mii 10 n.i . â€¢â– 1 fail mi 1 ' 1 live mid ii -â– â– joy met 1 1 i ilu'ir rights did nol consider suf ii age a 1 ight bui only a prim - 1 having pi ip.iuudi i iiiterog ito 1 ii li : â€¢ ik .. unl â– nt tit iii re plies ( sot r ii cowan ol w im ras tin â€¢ and pmci ed 1 â– . 11 it in 1 lie questions which hud 1.1 en pi po unled hi â– â€¢ t d iiu giiiniled i--i -..,;. 1 : . , ,| mussii ells vt . 1 â– . see am nig us tho 1 ib i norlh 11 iiini be ml submitted m good ii sit 1 of iho vt-.t . l'bey regin i ... an 1 se , , i -. 1 i the new _ 1 k pliiifu in 11 li.i ii g been settled i'u all time by i ho u hi . ml foi the i'u ed to live iu pence mn dor llio t ' institution and laws nl llio i . 1 _. a'l with iho wÂ»ii rig/it 111,1 j 1 ivi 'â– ','â€¢ 1 ei x :' ! flu /â– â– tiplt ,,/ tht \ ' _'_ ll 1 1 b.-.i could n 1 restore slaveiy if ihey would and â– i 11 ' if th y ,' mill tills he lell sm i was lhe nui < i sa setiiimeni ot ib po ,'â– 'â– of this sla .'. a yi set .' " â– :. mu 1 lie n..i iiii-i 11 s im ur from any mhoi country Â» ould he kindly 1 ' cei . ed and hear ily welcom t-d here wo w mm . lie 1 n to como with their capital heir kill and ihoir in dn-un to assist ns in the development nf mu res uu sua and iu tlie 1 _ in 11 uc ii ol our ruined i'm 1 linos the iiiv class of northern men to ivliom u , ,,<.'â€¢ ,â– â– ,. i nut aa 1 11 whom wo had am pi j uii is was that class of 11 11 principled a ivenluiois fauiiliarly k-iu.iv 11 a â€¢â€¢( larpot lluggors who oomo here nol us bo ilei - hul f ir ihe iii|,.,-i u holding iln offices of mn stale government by moans i lhe t nlo of 1 " nog â– "â€¢- win 111 tln't de ci-in-d nnd deluded 1 vol ing i'm ilie n bv nn in i falsehood i.iul du | pliciiy a i the c il ued people ho said thai we were h 11 ng to secure ilium in all oi iih'.i mv il 1 igli aio ilm sun exlon ilmi ihey were s>j,l|.ad tu the whin ] people and iba'iwe were willing to enter iipo'i llu l 'â– ' lilicul piivi : v_k ' ' " ' s m tw '" *'' ',â– ill jh ft ' " " ' bvj i ______ : vi-i ib . fl â– '" Â« s_m _____________ ' 'â€¢' __â– f â– "â– _______________________________â– , 1 â– ci m .,, b im x^^x^lxx-x " vi iu ft l the 1111 wk ! 1 1 , 11 "' 1u slllu tluu convention luul adopted an amendment to our ul.l state conatltu tion abolishing slavery nnd tlial iitueiidment had boon utlhod by tho it-la voters of ilm state vvitb slngu lar unanimity tbo legislature sub aeqnontly elected undor tbo ausplooa of that oonvetiiion had ratified tho amendment tothocoti.litution of tho uuitod stun . forever abolishing shivery in all ilm states and prevent ing ita roalorallon by anv nl llu states tins ihey did in perfocl good faith uml if thero wn a man in norlh oaroltua who wonld restore slavery it ho could lie li'l nol know it fur his own pari gov vaunt aald ihat if in could restore tho institti tion by i ti rn ing ovor iii band he wotihl not do so great applause and in believed that lit spoke the tinnni nn us sense of lha vast audience which in ihi'ii beheld before bim li mit thia ..". t-iti'l hi ia iboro a bingle imiu in all ihis inrgo aasomblnge wbo would resioros shivery if he posoased iln powor llii question was an awered by a loud and iiuivoreal no in-ill tbo itndieiico but ihu gover not baid ho wished a more decisive lost hf therefore called upon all who vt-.iiilil oppose tho restoration af slavery could it bo done lo raise np iheir right bands ladiea and all simulian ialy almost every person in the vi iiasombliigu ladiea a well i a ii h iu mu ai-i"l iheir righ hands hf then cal ud ii|"'ii all vvlin vvniilii restore slavery if ihey could to bold n â– iheir righl hands when nol a hand was raised mum years ago he said judge giision and oilier groat and goiitl until in in slate liit'l been in lm or nl gi initially omancip ning the -,.,'. es and i nt for iho abolition u;.-i i.i i'm in tin norlh und perhaps an uilii r eircutustanco llio people ot north uiiinli'ia would have emanci pated iheii slaves long ago the i iii'i-iniiiii i 11.65 had alsn . . . ti 1 ihe dncti ini i becossioii â€” ileelaied ihal ihc secession ' > dinttneo . i may lin 20lh l-'il vv.i-i null and i unl lhal lhe slato had never in legal 1111 i ( ' uisti ill m.ii 'â€¢ in'empln 1 a heel 1 i the union thi â– 1 iv . vance l"-lim imi lo bo the true tlncii ine and il wtte iho ono now ac â– cepted in eveiy man in north cm - iiimi outside of llio r tdieal party lhe righl of the negro to vote he said was not involved in thia contest â€” in iiimi but the right of the stale lo regulate tho qtiostimi of btiftrage i'or i self a right wh ch ia conceded to staiea by tho oonstitiit on but which le denied lo tbo soulhorn si iti - l.i i radical plalf rm â€” this un the lasuo 1 in iho biibjccl of immigration ho ni'l it wa notorious lhal many coun ties of thi state had passed resolti tious inviting immigrants to ihu state from tho north r wan county hud organised an immigration society and memorialised the legisla nro n lhe i1 jecij such Â« as still tho wish n lhe peuplu of i!n stale thoy wished i thu honest and industrious people of lhe norlh i oomo here and buy nnr iaiiil 11ml i-i-ii among na all who iuiendi ti lo becomo pei manent citi zens 11 ' inatior Â« lint their politics might bo would be kindly received ii and iln people of north caro i liun only objected to lhe carpel hag rrora who i-aiiit in bold the ntlleoa at i a .. .:,, ;, - ihrongh tbo insti uinen liilily ul in negro voto and who would leave w hen they oonld hold : ilu nlhees im lunger ll waa that elasa of men who bt i 1 ted up btrifo be wiihi'iit iln-iii ill y k:i|i h i "' i""1 is whon f 1 im " surucd ii said ho li.nl been iniiii fi satisfactorily answi-rtid â€” had no , ibf 1l1.1t tlm 1i1 y i iniiii in rights luul in exti inli il 1 i'n in ii hits in n'.ntli in lin . 1 ib'l nol know boforo that tho ' w.hiii'it iv 1 end bui was glad they li.nl it iltf women are titinnimotis against il 1 nuiiii f i tv iv there oonld bo ,,,, iluiii.i aboul iln nn hi i ,,!,â– . i 1l1.1t all ib questions ul i hud propounded had been billy nnd batlslttuliirlly answered had long boon .. iiiiii tl that tho soulhorn peojili wore being grossly blundered 11 atiid ilmi li had boonogalnst llio south in tbo war waa for the preservation f the 1 iiimi by force wlit'ii force became uflces sary â€” inni served ii the staff of gov an drew â€” bail been a llopublloan but left the lb piililiciiu party when it refused tn carry out itn solemn pledges whon it re fused to restore tho pooplo nt tho south ern states tn ull their 1 ij-'lun after tbey luul laid down their arms nml accoptod tho results of tho war in good faith he wanted all to i'nine togethor and shake hands and live iu peace an i friendship for i the i'm me tremendous applause dur ing wliieb somo nun uie iitteil hurrah for soymnnr and blair upon that baid mr adams i 11111 with yon â€” i'm boyraour ami blair nnd nm an lint nml nut domo i-i.ti i i-aii ile democratic parly wants tho pooplo i the states i govern ilu-ui bcivcs in lie exorcise of all the rights ro served i lli uii iii lhe federal constitution â€” said that old john quincy adams onco defined a republican gnvortunont to him us a governmeni by tho people for tb people and such was bis opinion now he asked whothor the enrpot-btggors wbo bad been sent to congress from tiiis stale were representative mon to which tliere was a long and loud icspon â– of no no wliii sai.l he do ilu-y want t have moro guns brought south fori do one pari of your people wanl to slmnt the other pnrl â€” if not what are tbey wanted for he spoke nf buffrngo in massachu setts â€” snid tho negro conld not voto thoro unless he could read and write but here suffrage hnd been conferred upon tbem all by congress because it was believed thai tin southern white peoplo would enslave tin-in if thoy bad a i'll nice â€” called for nu mber vote which was unanimous against any attempt tn restore slavery â€” gave it up and called fu threo chcors fÂ«,r seymour and blair wliich wore given with i will lb bait that the election f seymour and illair ve iiiiii nut be mir salvation that the radicals had control of the sonntc and hi uld have for ix years at leas paid the southerg | pin must bepatioul â€” deman ded upon tlieir n-n account that thoy be patient ami conciliatory â€” that they show kindness to tie colored people â€” preserve good feeling an i ihus strengthen theliands uf their frit xvh at lhe north any other course he sail would play into tho hands ofthe ii 1 uc iis ho earn down snoili not i in the political sj clics â€” l tic pres ent quostions r.is ab iva all p irtiz in eon iil,-i,,ii.,ns lb tv iniiii iln constitution restored and again urged tli it northern men who come here and lhe colored pen pie in kindly troaled i hope said ho you will consider liii advice kindly and follow it though it comes from me who am a carpet-bagger gov vance siid mt you ure not you bavo a trunk i baw it when you got off the train whioli pro duced laughter ho asked whether if ho should come down and scttlo among our pen pie they would vote for bim fur governor shouts of yes yes would ymi vote for un ngninst vunco / , v.-...j lb intended lo go homo aud disabuse tin northern mind as bn as bo could it there was a rebellious spirit down horo he bad ." far failed to find it ii came down here to sue ii the peoplo of tin south were like ilie peopl 1 of mttssachii'etl â€” human beings he found lhat they were â€” we were fellow creatures and ought 10 stand bland upon a oommon platform ami live in pence i t-i ibis point wo have given a brief synopsis nf the speeches we feel thai our sken-li is very imperfect and thai vvo have imi donojuslici to the distinguished speaker lint it is the best wc could do in ii uitll spin tiiih our imperfect noti s after mr adams who had been lisieu t'tl in with ile profoiiiidosl alt nt "", hud taken bis boat col cowan addressed the audience for mure than nn bour in a clear convincing nnd abb bpccch tbis was t i.l cowan's first appearance among us nml it 1 bim nn mure than justice when wo say that his speech as well its lhat l mr adams pleased and 1 ven delighted our people uo mnde a fine impression and wo would liko to see and heat more of bim iu litis part of the state alnr nl cowan had concluded gov vunco bpoko for one hour nnd a ball in ins best stylo iv'iiu universal satisfac tion gov vance is sn well known throughout lhe stato thnt it is unuecessu ry in sav moro unless vve could present a report f bis spcuch which wo cannot when gov vunco concluded tho moot ing adjourned t the i ub cue 10 wliich j ample justice was dono n'utwitiistnud ! ing tho large number of persons prosont there waa enough for all tho nrrango 1 nienis bnd all bei '" admirably made and ' iln best of i'l r pn va led tho table j Â». is in b linin f n square tholadlosand thc invited guests being admitted to the , inside within the square a table had 1 benl spooially prepared fur tho speakers - i aud ad excellent dinner was spread for j iiuin v heard mr adams remark that this was tho first barbrruo ha had ovor attended in bis lit and thai he rejoiend in boing able tn witness inch a dotnonstru i in ti nml i-ii j y hiu-b a ropnst wc do in i think thul any ono present enjoyed it more linn i bin grand nun nl mn president and great grandson of another at i ven o'clock p.m a grand torch llghl procossion was formed on inniss street beyond tho i tail mail ilihlge which amid a brilliant display of tire works 111:11 iln il through ilm principal streets ol llio city bi i 1 1 f-c iiddrcbsod al various points in iin progress by different distinguished gentlemen when the procession roacli ed tin public iquarn ii halted and was mi - iiji^.,-,1 by c"l ii f ai inli 1.1 of wil kesbnro in a brief but able speech which elicited much applause li ihun moved 1 nm uml to the boyden house Â« horo it was addressed by p i duffy icsq , l groonsboro in an animntod speech which tin well received nnd ficqucntly applau ded i'll pr i.iii again moved nji to the public qii.ni where brief but eloquent speeches tviii lnm it by col cowan i rancis k shober ksq maj ilobbins ami others hero the meeting finally dis prosed nfi 1 t huving witnessed another splendid ilif|iliiy of fire-works the meeting was ono of the mosl har monious and enthusiastic wo over wil nesscd tho uim'isl g i order prevail ed iiuin beginning in end not n single incident of any kind occurred in mat 11 disturb the pleasures i lie occasion â€” the vast nsacmbhige listened to the spon kers both ill ilm stand ami al night will tin closest attention among those whu attended and paid close attention vt-a ubi.tii throe bundled of our colored lei low citizens tbo number of these would have been iiiucb greater but f.,r the fact ibat the radical loaders boreabottts bad giiiieu up a mooting a few miles from town for tin purpose ol drawing tbem off we learn from reliable sources thai ii tin t very t-niall affair and did not alt gether bavo tho desired effect wc cunnni close this account of the grout mass meeting without noticing tin putrintic 1 iv u of the fair ladies i sails bury to make it whal it was â€” a splendid success to thorn much of the credit is dm by menus of a concert and other wise tiny rained a large part of the funds necessary i furnish tbo provisions fire works hair c for thc occasion their fair hands decorated most beautifully the speaker's stand 1 hey nided in preparing ib-lir loics for iln table ami lastly they encouraged 11a with tlieir approving smili - wu bave often had ocension tn romark that ibere was much moronf public spirit its well a of patriotism among lie ladie nl salisbury tiinn aitinii thc men and tho part tbey acted in this demonstration fully confirms our formerly expressed njlilliiills por iln watchman a old n'onli funte can the present government in xorth carolina be declared void and without authority by judicial j)x i-i xi iii i messrs ivi rs -. â€” in your issue f the 30th i 1 inn yuu take ground in lhe neg ative but ini tl.ai you would rejoice ex ceedingly to si-e tin questions uiscussi il answered in biich a way as ho show tbat we have a constitutional mode of escape iiimi our present condition c 1l is a tnomcntnub qitcslion indeed and involving a i i ceive not only the Â» . 1 fare of our southern peoplo but llio in tegrity of tin constitution itself the il.u nine y iu advance nnd though nnfitti e.il by a non-jirofessionnl person in wli i conceive 10 be ono f tho best con stitutional lawyers in north carolina is hocking lo every idea nl constitutional governmont violates every notion i etliich in goveriiment and is 11 war with 1 lie fundamental principles of justice vour proposition ns i tiudersuiu.1 il is tlinl upon tin a.linissi.in of our seuutors ami lti'|.iesi'iitaiives the states become integral members of the l''ederal l'nion or thai ii is tantamount to such a recogni tion ol the statnl l "/ j govern men tt l.y llu political department of i lie ' i ivi in nn ni a in preclude iln judii al i icpart iiii-ni from deciding 011 their validity t ongress we may suppose shall bee iii in ni struct new i'ork â€” a ret struc tion act is pissed tho podetnl nimy benl ni â€” a military i lovernoriirrests 1 lovernor l-'enti.ii â€” 1 convention is called â€” all the colored people allowed to vole nnd all white ihbii and catholics prohibited the convention iissemblea â€” 1 s ibli^lti - a con stitution â€” enfranchising nil llio colored uiul disfranchising by menus i test nibs or otherwise a large proportion nf whites and a legislature assembles in pursuance nntl by vii-iii of thu constitution â€” i tie legislature elects two senators oihei than hcbsrs morgan nnd conkling â€” tho in Â« senators present tboir brcdenlinls can ii be supposed for an instant that congress by recognizing the two senators and new ucprobcnlntives nnd ejecting the old could thereby preclude the question of lhe validity i.f siu-b new government from being decided by the higliosl courl .' suppose tin abovo siai.il can be chan ged by senator morgau's resignation and tho senate seats one l the two nowl elected sonutorsj which governmeni is is then recogniaed by thu political di pnrl ment â€” old new vork lu senator conkling or new now l'ork in the newly elected senator 1 or take another iinnli lii-atiitn : suppose that tin loats f tlie sonuloi frum now vork become vacant â€” their successors are duly elected under the present government and uiey present their orodentials which m laid upon tin 1 mn iiuleliieil i iiuiie i'liunlloro taylor l_.i . rut litis tm-i'lleiit luij olive i t'll.l â€” tlieii now york ' ii f'lii-tnicti-il iik r boforo hi.iirtl uiul tl nli , i'-i-i'-il hr-nii i tors are ailmlttvd lo fcnls lias new . vtiili un ciiii-iiiiiiiiiinil i im it in inch a i , p;llj,itlil llllll g"rohfl vi iuti 11 l lll'l cotisti i tutlonal rights 1 by this logic llio o | outrageous and rugranl llio vlnlnti i , iln const ititlion iln iiimi 11 mull in il 1 1 acrociir.il iiuin llii jitilii-iiil condonitutlioii ! iliii ifc'ongrobs stops short i eninplotn iniquity iheir cotirso inny possibly be ar . r.flitil by llu iuilii-inl hi-iiii-ni-i ; but if il proceeds io iln exhaustion of ovory ro , cotirso of tyranny nnd ii-mirputiou tho i utiii-i thoy tyi-iuiii'.i â€” iln uml ilioy ueurp . ' llio imiu certainly arc their sets scrcouod . from judicial scrutiny i buck it tho re ducliv ml itii.iiiriliiiit lrom j ' argument j vou bsso your whole argument iipim iln authority of luther vs uordon 7 how 1 nml ii application tn iho matter iti iiimi lis null tilt none can buy â€” its i application i il i iii before that ctiff luul boon decided it linn boon repeatedly held by tho supremo court thai the ro coguili f foreign states was a matter to lm bellied by the political departments of tbo government oelslon rs.iioyt,3 whoat s4g united suites vs pal r 1 il win-hi 610 the siuiii-iniii trini dad mul lli bt aii'ln 7 wheat 683 tin i-it.-i of l.'i'lii-r 1 1 borden arose in of hi iih , ib inland difficulties : those difficulties iiiitno between different parties of tbo people of tlinl sinn and il quarrel was purely domostic in dopartuient of tbo gonernl goveriimonl luul any intorcst in npbolding in party to tho quarrel rather than tli other but etnotl noutral ami somo of thorn was thorofbro a lit um pire to docido cliiof justice tnnoy de livering tho iini"ii jiut tlm decision up on tin grounds : 1 the general rale that tho recogni tion i'n government belongs to tho polit : icnl dopnrtment 8 thai tli stntal courts f rhode l-litiitl luul determined tin question in volved ni lliul decision was binding ou ibr l s courts i thai tin i|iii-ii"ii could nol bo the subject of judicial investigntl by icn koii of tbe difficulty of tin proof tin roiisons given for confining tin question of rocognition to tin political de partment i based upon tin constitutional guarantees viz i i that of a republican form nf gnv crnmont 2 i'hat of protection agniiibt invasion it that of protection against domestic violence nn.v i agree tlmi if the people could in legal intendment hero acted in foiming tho carpet-bag governments thai llio de cision in l.uilii r '-. borden applies â€” for then ii is rodticod to a quarrel bet ivoon different factions of the i-coji.c ol iln stale â€” but it i-t equally unfair and un-lavvycr lik tn t-iill om certain ouprussions dropp ed by the court arguendo and applv them literally to tli present situation unfair for tlinl case was decided nl n tiui when it ciiniint bo supposed that the court had in view ii state of things tollowingnn un buccesslul attempt to dissolve iln union uiul therefore we may infer used much more general expressions thnn had bucii ii situation beon contemplated uu-lawyor-liko for it i a maxim not to be disregarded that general expres sions in ovory opinion aro i bo taken in connection with thu case in wliich those expressions aro used if thoy go beyond the cose they may bo rospeoti d but ought not to control the j idgmcr.t in t subse quent biiit when the very point is present ed i'm il i - 1 ni â€” cohens is virginia i . wheat 399 as then it cannot bo successfully assort ed but inny bo confidently denied that tho court in luther rs borden conld i wiitilil inn possibly anticipated and ili n-cii-il their npinion in a stato 1 facts i-xi.-lt-iit and non-contemplated il in i tb'i'il not non-coiitcniplalnble then it re mains t t aider would a case involving the validity of tha carpet-bag or bogus government present tho vertt / ' on which tbo case of luther vs borden turn ed i - iv tint it would im nor conld it by ' an v possibility taney c j . ibn states tho point decision tbo existence and authority rf 1 1 â– . - ruiuent under which lhe defendants acted was calli 1 iu ques tion ; and iln plaintiff insists that bi fore the acts complained i were committed ilmi govern ": had i n displ iced and annulled by lhe people oi ilhi do 1 , inml c p 'â– '.''â– the learned uliief justice thon assumes and basos ovi ry posili in lakoq in thu op i jiositi v-,i ihe otln i thai there ex sti 1 \ i i-.ini i between difl'crent portions of tin l'kol'lk of rhode island for the gov crum.'ul â€” ui iil i bsiin â€” ne dicta lion lrom abroad no importation of car pet-baggers aided by llio bristliug 1 m ii i of ii b tiroups but a pure h â– ..,. iiÂ»lii i'l question then vt liicli tt i tv 1 unl di i fitied i i decided by lhe t nun wns wliich wns ilm i ghtful govornmeiit of lli i'l h'l i of itbode island ii ii is whether t so-called government iu whicb iu legal intendment the i'l ' i'l 1 could imvi li ni " â– voice in en cling c in bo ral lied hiln a h gitimak1 governmeni of sticli i'l il'l.l will : il n coiibi nt by iln n cognition ol its vory cn n..u liir qui ii..u vt iiiiii might be pn sontrd is uot \, bother or nol the i'im '- i'l.i have form 1 t so c dli i govoruuient lor iitliniiiiii the h gal opportunity thai lii.f uurs ii political question and tli mn in luther vs b rd n would apply â€” but lb question teall is Â» hetlit r 01,1 1 i i:\nvn-in i lli ri . â– lid by any pois l.ibiy have tormod such govern llll-lli i if under iin reconstruction acts the court should bold tbat iii legal coutein 1 in i imi i lie i'l 1 1 1 i.ii c ii 1 1 mil have form ed tlu-i-e governments thon ns no gov 1 1 iini'iiis could inve been formed in law mme have been formed by lhe people in fact -, tins is i presumption juris rt 1 jure if the 1 '!â– _< i'll could bave formed no govornmonl in law a minority cannot i i in inn in diet â€” then as tlm conrt can see that no governmeni could be formed hi law thoy cannot without independent proof i ,- , something troro than tint ad ii i ii i.t s.-niiiiiis en ice tbnt nny lm i ii formed in fact and as what dm â– < noi appear cannot exist tlm court must sty ihal in legal intendment theio i ' no government which could form the subject matter nf recognition in order ili.nt lb ifx uf luther rs burden inny apply there must co-oxlst these circum stances : i a government th fucto of ile people '.'. that such govern nn nl should bavo bei n iu law and fact recognized by iln political department of tho government if therefore ibero is no government ami iu legal intendment could bate been no government funned by lie people then thoro can be no recognition â€” recognition implies ratifica tion nml il is woll settled tbnt a nullity ciiiiiuii be ratified a voidable net may bo confirmed i'ii but not a void set then conld tlm people of norlh carolina bave conned any government under tin reconstruction acts 1 i say nut a very luge portion of the people were absolutely debarred frum participa ting in tbe formation of such government in say pnthing i tho allowing all tbo col eil pooplo tn particlpato ilie exact pro portion i tlnise excluded is not lor can i estimated but was necessarily numer iis from ilm character of ibe excluding test ami i'n tlm panic reason embraced much of tho talent learning virtue nnd respectability of tho people tlie govern ment propositi to he erected tinder tbo reconstruction nets by reason then of tins exclusion of so large a class could never thon as seen and understood by the judi cial ininil in regarded in legal contempla tion ns having been formed by the peo ple j iu law it is but a mob clothed in tbe hiibilimontl of lawful power clothed in litem by force and 1 ask you birs lo distinguish tlie case as it si ami ft from a government with tbe same ofiicois trained tiuilei ii reconstruction net prohibiting all whites and permitting nil negroes to vote tli difference rests not on principle but exists merely iu degree not only waa a very largo class absolutely debarred by tbe terms of tin net but tbo same act providos militnry force to carry it out ns wriiten â€” then 1 say tint as in legal in tend nt the people f n'orth caroli na could by no possibility bavo formed tbe so-called government and as accord in t.i lli o established theory so often ad vai d by yourselves thero was no con quest but upon the surrender we were eo instanti remitted to the jus postlintinii this so-called bogus-carpet bag-goveni lnenl is not nor could hot have been iu law the creation of our people but is notk in bin tho creation of congress â€” anar chy legalized ami styled government it ib law and as must be seen by tbe judges i li hi just as much and no other or high er effect than if congress bad instead passed a law ns follows the congress does enact that w w ilolileu be governor of north carolina t k caldwell lieul jov john pool and joseph < '. abbott senators in con gress ami french dewccse etc etc bo m rubers nf tne house of representatives c uiul so on enumerating all the otlior officers now ! ask you sirs if you would eÂ«n li ml by virtue of pool and abbott being allowed iheir scats under this net and french etc of tbe other house the court would be precluded from deciding upon such a govorument by force of tho deci sion in luther rs portion ? will you distinguish tbe reconstruction acts from lie imagined one as applied to new york under tho established theory that the state bis always been a member of tlie federal union ! li seems to nic sirs tbat tbo lawyer who contends that luther vs bor i is iu lb way of a judicial inquiry in to ilie mosl infamous conspiracy against in rights and liberties of a peoples like the reconstruction acts has either never le lined or bus forgotten tbo maxim '/<_. lt<ii irt iu litem hneret in cartles indued be has stuck in iho form i ks ol the law unless he bo nf that class of whom it is anl i'a little learning's adangorous thing in tb foregoing observations i have omit ted tin discussion oftwo points which bear upon tbe whole question of reconstruction l tin as ibe bogus governments nro wholly tho creatures oi congress it would violate ;!" first principles of justice to per mit a recognition by congress indeed ib ti tin idea of applying tin term recog nize couveyiug as it toes through judi t-i il interpretation tho idea of impartiality â– eutrality aud entire disinterestedness tn lhe action of congress towards its own wnrk is an absurdity an incognity and t legal lolloism ! ii i 1 n'.ii r vs borden does not de cide thai when congress ball bave re .! iln qui ii ui is at an end but uie i the political department does inclu ling the executive in our ense you say nn department ins recognised tbe other n.t not lm expressly avoided doing so l'lteii in iln ii in eu no unequivocal re n lines not tbe divi ist uliull of iho executive ami i iegisl itive department liko mtitnnl estoppels bel tbe matter nt 1 merely throw these points for otisideration j lay tin stress of my view on tho other point i have merely ikimmed the surface u tlm qnestlon \ nn parties have written over my / mi via.aiticles wbicb 1 dont intend in father i sign uiv ll taf

qf'w'm l^mrw wvh 1__b^r t-tqvt lwbt rwb__br salisbury iv c october 16 1868 | vol t no 41 ybw hicriesi f batim 09 si.'iisi'iiii'tion tl htlinvl'ahu in adv1nck watchman old north state ;. ' v,Â»i,i ' v - - â– is.oo lu"",y ' .' sixnm-itlm â– â€¢ i.m rk vvi-'.kkl-y oi.u north state , 1 tv.,-ltli-.il v,"nr â– â€¢ Â»*'â– '"' nu m..11h â€¢ â€¢ 76 1 1 grand rallyjn salisbury ! 4,000 people present ! ! j orand pkooesbion i speeches ini hon john tiiiiÂ«!i iiiii ms col ii ii coirnit iiiiii cor vance the barbecue il und torcjh-lightpro cession at nigffl ! brilliant display f fire works | speeches by u f arm field pa f i'l'lfi *'"'â€¢ c! the sal is inllt a i be w iii 0 peoplo were pro octet 11 theiis â€” . d iii.mii 10 n.i . â€¢â– 1 fail mi 1 ' 1 live mid ii -â– â– joy met 1 1 i ilu'ir rights did nol consider suf ii age a 1 ight bui only a prim - 1 having pi ip.iuudi i iiiterog ito 1 ii li : â€¢ ik .. unl â– nt tit iii re plies ( sot r ii cowan ol w im ras tin â€¢ and pmci ed 1 â– . 11 it in 1 lie questions which hud 1.1 en pi po unled hi â– â€¢ t d iiu giiiniled i--i -..,;. 1 : . , ,| mussii ells vt . 1 â– . see am nig us tho 1 ib i norlh 11 iiini be ml submitted m good ii sit 1 of iho vt-.t . l'bey regin i ... an 1 se , , i -. 1 i the new _ 1 k pliiifu in 11 li.i ii g been settled i'u all time by i ho u hi . ml foi the i'u ed to live iu pence mn dor llio t ' institution and laws nl llio i . 1 _. a'l with iho wÂ»ii rig/it 111,1 j 1 ivi 'â– ','â€¢ 1 ei x :' ! flu /â– â– tiplt ,,/ tht \ ' _'_ ll 1 1 b.-.i could n 1 restore slaveiy if ihey would and â– i 11 ' if th y ,' mill tills he lell sm i was lhe nui < i sa setiiimeni ot ib po ,'â– 'â– of this sla .'. a yi set .' " â– :. mu 1 lie n..i iiii-i 11 s im ur from any mhoi country Â» ould he kindly 1 ' cei . ed and hear ily welcom t-d here wo w mm . lie 1 n to como with their capital heir kill and ihoir in dn-un to assist ns in the development nf mu res uu sua and iu tlie 1 _ in 11 uc ii ol our ruined i'm 1 linos the iiiv class of northern men to ivliom u , ,,j,l|.ad tu the whin ] people and iba'iwe were willing to enter iipo'i llu l 'â– ' lilicul piivi : v_k ' ' " ' s m tw '" *'' ',â– ill jh ft ' " " ' bvj i ______ : vi-i ib . fl â– '" Â« s_m _____________ ' 'â€¢' __â– f â– "â– _______________________________â– , 1 â– ci m .,, b im x^^x^lxx-x " vi iu ft l the 1111 wk ! 1 1 , 11 "' 1u slllu tluu convention luul adopted an amendment to our ul.l state conatltu tion abolishing slavery nnd tlial iitueiidment had boon utlhod by tho it-la voters of ilm state vvitb slngu lar unanimity tbo legislature sub aeqnontly elected undor tbo ausplooa of that oonvetiiion had ratified tho amendment tothocoti.litution of tho uuitod stun . forever abolishing shivery in all ilm states and prevent ing ita roalorallon by anv nl llu states tins ihey did in perfocl good faith uml if thero wn a man in norlh oaroltua who wonld restore slavery it ho could lie li'l nol know it fur his own pari gov vaunt aald ihat if in could restore tho institti tion by i ti rn ing ovor iii band he wotihl not do so great applause and in believed that lit spoke the tinnni nn us sense of lha vast audience which in ihi'ii beheld before bim li mit thia ..". t-iti'l hi ia iboro a bingle imiu in all ihis inrgo aasomblnge wbo would resioros shivery if he posoased iln powor llii question was an awered by a loud and iiuivoreal no in-ill tbo itndieiico but ihu gover not baid ho wished a more decisive lost hf therefore called upon all who vt-.iiilil oppose tho restoration af slavery could it bo done lo raise np iheir right bands ladiea and all simulian ialy almost every person in the vi iiasombliigu ladiea a well i a ii h iu mu ai-i"l iheir righ hands hf then cal ud ii|"'ii all vvlin vvniilii restore slavery if ihey could to bold n â– iheir righl hands when nol a hand was raised mum years ago he said judge giision and oilier groat and goiitl until in in slate liit'l been in lm or nl gi initially omancip ning the -,.,'. es and i nt for iho abolition u;.-i i.i i'm in tin norlh und perhaps an uilii r eircutustanco llio people ot north uiiinli'ia would have emanci pated iheii slaves long ago the i iii'i-iniiiii i 11.65 had alsn . . . ti 1 ihe dncti ini i becossioii â€” ileelaied ihal ihc secession ' > dinttneo . i may lin 20lh l-'il vv.i-i null and i unl lhal lhe slato had never in legal 1111 i ( ' uisti ill m.ii 'â€¢ in'empln 1 a heel 1 i the union thi â– 1 iv . vance l"-lim imi lo bo the true tlncii ine and il wtte iho ono now ac â– cepted in eveiy man in north cm - iiimi outside of llio r tdieal party lhe righl of the negro to vote he said was not involved in thia contest â€” in iiimi but the right of the stale lo regulate tho qtiostimi of btiftrage i'or i self a right wh ch ia conceded to staiea by tho oonstitiit on but which le denied lo tbo soulhorn si iti - l.i i radical plalf rm â€” this un the lasuo 1 in iho biibjccl of immigration ho ni'l it wa notorious lhal many coun ties of thi state had passed resolti tious inviting immigrants to ihu state from tho north r wan county hud organised an immigration society and memorialised the legisla nro n lhe i1 jecij such Â« as still tho wish n lhe peuplu of i!n stale thoy wished i thu honest and industrious people of lhe norlh i oomo here and buy nnr iaiiil 11ml i-i-ii among na all who iuiendi ti lo becomo pei manent citi zens 11 ' inatior Â« lint their politics might bo would be kindly received ii and iln people of north caro i liun only objected to lhe carpel hag rrora who i-aiiit in bold the ntlleoa at i a .. .:,, ;, - ihrongh tbo insti uinen liilily ul in negro voto and who would leave w hen they oonld hold : ilu nlhees im lunger ll waa that elasa of men who bt i 1 ted up btrifo be wiihi'iit iln-iii ill y k:i|i h i "' i""1 is whon f 1 im " surucd ii said ho li.nl been iniiii fi satisfactorily answi-rtid â€” had no , ibf 1l1.1t tlm 1i1 y i iniiii in rights luul in exti inli il 1 i'n in ii hits in n'.ntli in lin . 1 ib'l nol know boforo that tho ' w.hiii'it iv 1 end bui was glad they li.nl it iltf women are titinnimotis against il 1 nuiiii f i tv iv there oonld bo ,,,, iluiii.i aboul iln nn hi i ,,!,â– . i 1l1.1t all ib questions ul i hud propounded had been billy nnd batlslttuliirlly answered had long boon .. iiiiii tl that tho soulhorn peojili wore being grossly blundered 11 atiid ilmi li had boonogalnst llio south in tbo war waa for the preservation f the 1 iiimi by force wlit'ii force became uflces sary â€” inni served ii the staff of gov an drew â€” bail been a llopublloan but left the lb piililiciiu party when it refused tn carry out itn solemn pledges whon it re fused to restore tho pooplo nt tho south ern states tn ull their 1 ij-'lun after tbey luul laid down their arms nml accoptod tho results of tho war in good faith he wanted all to i'nine togethor and shake hands and live iu peace an i friendship for i the i'm me tremendous applause dur ing wliieb somo nun uie iitteil hurrah for soymnnr and blair upon that baid mr adams i 11111 with yon â€” i'm boyraour ami blair nnd nm an lint nml nut domo i-i.ti i i-aii ile democratic parly wants tho pooplo i the states i govern ilu-ui bcivcs in lie exorcise of all the rights ro served i lli uii iii lhe federal constitution â€” said that old john quincy adams onco defined a republican gnvortunont to him us a governmeni by tho people for tb people and such was bis opinion now he asked whothor the enrpot-btggors wbo bad been sent to congress from tiiis stale were representative mon to which tliere was a long and loud icspon â– of no no wliii sai.l he do ilu-y want t have moro guns brought south fori do one pari of your people wanl to slmnt the other pnrl â€” if not what are tbey wanted for he spoke nf buffrngo in massachu setts â€” snid tho negro conld not voto thoro unless he could read and write but here suffrage hnd been conferred upon tbem all by congress because it was believed thai tin southern white peoplo would enslave tin-in if thoy bad a i'll nice â€” called for nu mber vote which was unanimous against any attempt tn restore slavery â€” gave it up and called fu threo chcors fÂ«,r seymour and blair wliich wore given with i will lb bait that the election f seymour and illair ve iiiiii nut be mir salvation that the radicals had control of the sonntc and hi uld have for ix years at leas paid the southerg | pin must bepatioul â€” deman ded upon tlieir n-n account that thoy be patient ami conciliatory â€” that they show kindness to tie colored people â€” preserve good feeling an i ihus strengthen theliands uf their frit xvh at lhe north any other course he sail would play into tho hands ofthe ii 1 uc iis ho earn down snoili not i in the political sj clics â€” l tic pres ent quostions r.is ab iva all p irtiz in eon iil,-i,,ii.,ns lb tv iniiii iln constitution restored and again urged tli it northern men who come here and lhe colored pen pie in kindly troaled i hope said ho you will consider liii advice kindly and follow it though it comes from me who am a carpet-bagger gov vance siid mt you ure not you bavo a trunk i baw it when you got off the train whioli pro duced laughter ho asked whether if ho should come down and scttlo among our pen pie they would vote for bim fur governor shouts of yes yes would ymi vote for un ngninst vunco / , v.-...j lb intended lo go homo aud disabuse tin northern mind as bn as bo could it there was a rebellious spirit down horo he bad ." far failed to find it ii came down here to sue ii the peoplo of tin south were like ilie peopl 1 of mttssachii'etl â€” human beings he found lhat they were â€” we were fellow creatures and ought 10 stand bland upon a oommon platform ami live in pence i t-i ibis point wo have given a brief synopsis nf the speeches we feel thai our sken-li is very imperfect and thai vvo have imi donojuslici to the distinguished speaker lint it is the best wc could do in ii uitll spin tiiih our imperfect noti s after mr adams who had been lisieu t'tl in with ile profoiiiidosl alt nt "", hud taken bis boat col cowan addressed the audience for mure than nn bour in a clear convincing nnd abb bpccch tbis was t i.l cowan's first appearance among us nml it 1 bim nn mure than justice when wo say that his speech as well its lhat l mr adams pleased and 1 ven delighted our people uo mnde a fine impression and wo would liko to see and heat more of bim iu litis part of the state alnr nl cowan had concluded gov vunco bpoko for one hour nnd a ball in ins best stylo iv'iiu universal satisfac tion gov vance is sn well known throughout lhe stato thnt it is unuecessu ry in sav moro unless vve could present a report f bis spcuch which wo cannot when gov vunco concluded tho moot ing adjourned t the i ub cue 10 wliich j ample justice was dono n'utwitiistnud ! ing tho large number of persons prosont there waa enough for all tho nrrango 1 nienis bnd all bei '" admirably made and ' iln best of i'l r pn va led tho table j Â». is in b linin f n square tholadlosand thc invited guests being admitted to the , inside within the square a table had 1 benl spooially prepared fur tho speakers - i aud ad excellent dinner was spread for j iiuin v heard mr adams remark that this was tho first barbrruo ha had ovor attended in bis lit and thai he rejoiend in boing able tn witness inch a dotnonstru i in ti nml i-ii j y hiu-b a ropnst wc do in i think thul any ono present enjoyed it more linn i bin grand nun nl mn president and great grandson of another at i ven o'clock p.m a grand torch llghl procossion was formed on inniss street beyond tho i tail mail ilihlge which amid a brilliant display of tire works 111:11 iln il through ilm principal streets ol llio city bi i 1 1 f-c iiddrcbsod al various points in iin progress by different distinguished gentlemen when the procession roacli ed tin public iquarn ii halted and was mi - iiji^.,-,1 by c"l ii f ai inli 1.1 of wil kesbnro in a brief but able speech which elicited much applause li ihun moved 1 nm uml to the boyden house Â« horo it was addressed by p i duffy icsq , l groonsboro in an animntod speech which tin well received nnd ficqucntly applau ded i'll pr i.iii again moved nji to the public qii.ni where brief but eloquent speeches tviii lnm it by col cowan i rancis k shober ksq maj ilobbins ami others hero the meeting finally dis prosed nfi 1 t huving witnessed another splendid ilif|iliiy of fire-works the meeting was ono of the mosl har monious and enthusiastic wo over wil nesscd tho uim'isl g i order prevail ed iiuin beginning in end not n single incident of any kind occurred in mat 11 disturb the pleasures i lie occasion â€” the vast nsacmbhige listened to the spon kers both ill ilm stand ami al night will tin closest attention among those whu attended and paid close attention vt-a ubi.tii throe bundled of our colored lei low citizens tbo number of these would have been iiiucb greater but f.,r the fact ibat the radical loaders boreabottts bad giiiieu up a mooting a few miles from town for tin purpose ol drawing tbem off we learn from reliable sources thai ii tin t very t-niall affair and did not alt gether bavo tho desired effect wc cunnni close this account of the grout mass meeting without noticing tin putrintic 1 iv u of the fair ladies i sails bury to make it whal it was â€” a splendid success to thorn much of the credit is dm by menus of a concert and other wise tiny rained a large part of the funds necessary i furnish tbo provisions fire works hair c for thc occasion their fair hands decorated most beautifully the speaker's stand 1 hey nided in preparing ib-lir loics for iln table ami lastly they encouraged 11a with tlieir approving smili - wu bave often had ocension tn romark that ibere was much moronf public spirit its well a of patriotism among lie ladie nl salisbury tiinn aitinii thc men and tho part tbey acted in this demonstration fully confirms our formerly expressed njlilliiills por iln watchman a old n'onli funte can the present government in xorth carolina be declared void and without authority by judicial j)x i-i xi iii i messrs ivi rs -. â€” in your issue f the 30th i 1 inn yuu take ground in lhe neg ative but ini tl.ai you would rejoice ex ceedingly to si-e tin questions uiscussi il answered in biich a way as ho show tbat we have a constitutional mode of escape iiimi our present condition c 1l is a tnomcntnub qitcslion indeed and involving a i i ceive not only the Â» . 1 fare of our southern peoplo but llio in tegrity of tin constitution itself the il.u nine y iu advance nnd though nnfitti e.il by a non-jirofessionnl person in wli i conceive 10 be ono f tho best con stitutional lawyers in north carolina is hocking lo every idea nl constitutional governmont violates every notion i etliich in goveriiment and is 11 war with 1 lie fundamental principles of justice vour proposition ns i tiudersuiu.1 il is tlinl upon tin a.linissi.in of our seuutors ami lti'|.iesi'iitaiives the states become integral members of the l''ederal l'nion or thai ii is tantamount to such a recogni tion ol the statnl l "/ j govern men tt l.y llu political department of i lie ' i ivi in nn ni a in preclude iln judii al i icpart iiii-ni from deciding 011 their validity t ongress we may suppose shall bee iii in ni struct new i'ork â€” a ret struc tion act is pissed tho podetnl nimy benl ni â€” a military i lovernoriirrests 1 lovernor l-'enti.ii â€” 1 convention is called â€” all the colored people allowed to vole nnd all white ihbii and catholics prohibited the convention iissemblea â€” 1 s ibli^lti - a con stitution â€” enfranchising nil llio colored uiul disfranchising by menus i test nibs or otherwise a large proportion nf whites and a legislature assembles in pursuance nntl by vii-iii of thu constitution â€” i tie legislature elects two senators oihei than hcbsrs morgan nnd conkling â€” tho in Â« senators present tboir brcdenlinls can ii be supposed for an instant that congress by recognizing the two senators and new ucprobcnlntives nnd ejecting the old could thereby preclude the question of lhe validity i.f siu-b new government from being decided by the higliosl courl .' suppose tin abovo siai.il can be chan ged by senator morgau's resignation and tho senate seats one l the two nowl elected sonutorsj which governmeni is is then recogniaed by thu political di pnrl ment â€” old new vork lu senator conkling or new now l'ork in the newly elected senator 1 or take another iinnli lii-atiitn : suppose that tin loats f tlie sonuloi frum now vork become vacant â€” their successors are duly elected under the present government and uiey present their orodentials which m laid upon tin 1 mn iiuleliieil i iiuiie i'liunlloro taylor l_.i . rut litis tm-i'lleiit luij olive i t'll.l â€” tlieii now york ' ii f'lii-tnicti-il iik r boforo hi.iirtl uiul tl nli , i'-i-i'-il hr-nii i tors are ailmlttvd lo fcnls lias new . vtiili un ciiii-iiiiiiiiiinil i im it in inch a i , p;llj,itlil llllll g"rohfl vi iuti 11 l lll'l cotisti i tutlonal rights 1 by this logic llio o | outrageous and rugranl llio vlnlnti i , iln const ititlion iln iiimi 11 mull in il 1 1 acrociir.il iiuin llii jitilii-iiil condonitutlioii ! iliii ifc'ongrobs stops short i eninplotn iniquity iheir cotirso inny possibly be ar . r.flitil by llu iuilii-inl hi-iiii-ni-i ; but if il proceeds io iln exhaustion of ovory ro , cotirso of tyranny nnd ii-mirputiou tho i utiii-i thoy tyi-iuiii'.i â€” iln uml ilioy ueurp . ' llio imiu certainly arc their sets scrcouod . from judicial scrutiny i buck it tho re ducliv ml itii.iiiriliiiit lrom j ' argument j vou bsso your whole argument iipim iln authority of luther vs uordon 7 how 1 nml ii application tn iho matter iti iiimi lis null tilt none can buy â€” its i application i il i iii before that ctiff luul boon decided it linn boon repeatedly held by tho supremo court thai the ro coguili f foreign states was a matter to lm bellied by the political departments of tbo government oelslon rs.iioyt,3 whoat s4g united suites vs pal r 1 il win-hi 610 the siuiii-iniii trini dad mul lli bt aii'ln 7 wheat 683 tin i-it.-i of l.'i'lii-r 1 1 borden arose in of hi iih , ib inland difficulties : those difficulties iiiitno between different parties of tbo people of tlinl sinn and il quarrel was purely domostic in dopartuient of tbo gonernl goveriimonl luul any intorcst in npbolding in party to tho quarrel rather than tli other but etnotl noutral ami somo of thorn was thorofbro a lit um pire to docido cliiof justice tnnoy de livering tho iini"ii jiut tlm decision up on tin grounds : 1 the general rale that tho recogni tion i'n government belongs to tho polit : icnl dopnrtment 8 thai tli stntal courts f rhode l-litiitl luul determined tin question in volved ni lliul decision was binding ou ibr l s courts i thai tin i|iii-ii"ii could nol bo the subject of judicial investigntl by icn koii of tbe difficulty of tin proof tin roiisons given for confining tin question of rocognition to tin political de partment i based upon tin constitutional guarantees viz i i that of a republican form nf gnv crnmont 2 i'hat of protection agniiibt invasion it that of protection against domestic violence nn.v i agree tlmi if the people could in legal intendment hero acted in foiming tho carpet-bag governments thai llio de cision in l.uilii r '-. borden applies â€” for then ii is rodticod to a quarrel bet ivoon different factions of the i-coji.c ol iln stale â€” but it i-t equally unfair and un-lavvycr lik tn t-iill om certain ouprussions dropp ed by the court arguendo and applv them literally to tli present situation unfair for tlinl case was decided nl n tiui when it ciiniint bo supposed that the court had in view ii state of things tollowingnn un buccesslul attempt to dissolve iln union uiul therefore we may infer used much more general expressions thnn had bucii ii situation beon contemplated uu-lawyor-liko for it i a maxim not to be disregarded that general expres sions in ovory opinion aro i bo taken in connection with thu case in wliich those expressions aro used if thoy go beyond the cose they may bo rospeoti d but ought not to control the j idgmcr.t in t subse quent biiit when the very point is present ed i'm il i - 1 ni â€” cohens is virginia i . wheat 399 as then it cannot bo successfully assort ed but inny bo confidently denied that tho court in luther rs borden conld i wiitilil inn possibly anticipated and ili n-cii-il their npinion in a stato 1 facts i-xi.-lt-iit and non-contemplated il in i tb'i'il not non-coiitcniplalnble then it re mains t t aider would a case involving the validity of tha carpet-bag or bogus government present tho vertt / ' on which tbo case of luther vs borden turn ed i - iv tint it would im nor conld it by ' an v possibility taney c j . ibn states tho point decision tbo existence and authority rf 1 1 â– . - ruiuent under which lhe defendants acted was calli 1 iu ques tion ; and iln plaintiff insists that bi fore the acts complained i were committed ilmi govern ": had i n displ iced and annulled by lhe people oi ilhi do 1 , inml c p 'â– '.''â– the learned uliief justice thon assumes and basos ovi ry posili in lakoq in thu op i jiositi v-,i ihe otln i thai there ex sti 1 \ i i-.ini i between difl'crent portions of tin l'kol'lk of rhode island for the gov crum.'ul â€” ui iil i bsiin â€” ne dicta lion lrom abroad no importation of car pet-baggers aided by llio bristliug 1 m ii i of ii b tiroups but a pure h â– ..,. iiÂ»lii i'l question then vt liicli tt i tv 1 unl di i fitied i i decided by lhe t nun wns wliich wns ilm i ghtful govornmeiit of lli i'l h'l i of itbode island ii ii is whether t so-called government iu whicb iu legal intendment the i'l ' i'l 1 could imvi li ni " â– voice in en cling c in bo ral lied hiln a h gitimak1 governmeni of sticli i'l il'l.l will : il n coiibi nt by iln n cognition ol its vory cn n..u liir qui ii..u vt iiiiii might be pn sontrd is uot \, bother or nol the i'im '- i'l.i have form 1 t so c dli i govoruuient lor iitliniiiiii the h gal opportunity thai lii.f uurs ii political question and tli mn in luther vs b rd n would apply â€” but lb question teall is Â» hetlit r 01,1 1 i i:\nvn-in i lli ri . â– lid by any pois l.ibiy have tormod such govern llll-lli i if under iin reconstruction acts the court should bold tbat iii legal coutein 1 in i imi i lie i'l 1 1 1 i.ii c ii 1 1 mil have form ed tlu-i-e governments thon ns no gov 1 1 iini'iiis could inve been formed in law mme have been formed by lhe people in fact -, tins is i presumption juris rt 1 jure if the 1 '!â– _< i'll could bave formed no govornmonl in law a minority cannot i i in inn in diet â€” then as tlm conrt can see that no governmeni could be formed hi law thoy cannot without independent proof i ,- , something troro than tint ad ii i ii i.t s.-niiiiiis en ice tbnt nny lm i ii formed in fact and as what dm â– < noi appear cannot exist tlm court must sty ihal in legal intendment theio i ' no government which could form the subject matter nf recognition in order ili.nt lb ifx uf luther rs burden inny apply there must co-oxlst these circum stances : i a government th fucto of ile people '.'. that such govern nn nl should bavo bei n iu law and fact recognized by iln political department of tho government if therefore ibero is no government ami iu legal intendment could bate been no government funned by lie people then thoro can be no recognition â€” recognition implies ratifica tion nml il is woll settled tbnt a nullity ciiiiiuii be ratified a voidable net may bo confirmed i'ii but not a void set then conld tlm people of norlh carolina bave conned any government under tin reconstruction acts 1 i say nut a very luge portion of the people were absolutely debarred frum participa ting in tbe formation of such government in say pnthing i tho allowing all tbo col eil pooplo tn particlpato ilie exact pro portion i tlnise excluded is not lor can i estimated but was necessarily numer iis from ilm character of ibe excluding test ami i'n tlm panic reason embraced much of tho talent learning virtue nnd respectability of tho people tlie govern ment propositi to he erected tinder tbo reconstruction nets by reason then of tins exclusion of so large a class could never thon as seen and understood by the judi cial ininil in regarded in legal contempla tion ns having been formed by the peo ple j iu law it is but a mob clothed in tbe hiibilimontl of lawful power clothed in litem by force and 1 ask you birs lo distinguish tlie case as it si ami ft from a government with tbe same ofiicois trained tiuilei ii reconstruction net prohibiting all whites and permitting nil negroes to vote tli difference rests not on principle but exists merely iu degree not only waa a very largo class absolutely debarred by tbe terms of tin net but tbo same act providos militnry force to carry it out ns wriiten â€” then 1 say tint as in legal in tend nt the people f n'orth caroli na could by no possibility bavo formed tbe so-called government and as accord in t.i lli o established theory so often ad vai d by yourselves thero was no con quest but upon the surrender we were eo instanti remitted to the jus postlintinii this so-called bogus-carpet bag-goveni lnenl is not nor could hot have been iu law the creation of our people but is notk in bin tho creation of congress â€” anar chy legalized ami styled government it ib law and as must be seen by tbe judges i li hi just as much and no other or high er effect than if congress bad instead passed a law ns follows the congress does enact that w w ilolileu be governor of north carolina t k caldwell lieul jov john pool and joseph < '. abbott senators in con gress ami french dewccse etc etc bo m rubers nf tne house of representatives c uiul so on enumerating all the otlior officers now ! ask you sirs if you would eÂ«n li ml by virtue of pool and abbott being allowed iheir scats under this net and french etc of tbe other house the court would be precluded from deciding upon such a govorument by force of tho deci sion in luther rs portion ? will you distinguish tbe reconstruction acts from lie imagined one as applied to new york under tho established theory that the state bis always been a member of tlie federal union ! li seems to nic sirs tbat tbo lawyer who contends that luther vs bor i is iu lb way of a judicial inquiry in to ilie mosl infamous conspiracy against in rights and liberties of a peoples like the reconstruction acts has either never le lined or bus forgotten tbo maxim '/